Date: 22.02.2018
The Chairman,
National Commission for Safai Karmacharis
New Delhi
Sub: Status of Implementation of the Prohibition of Employment as Manual Scavengers and their Rehabilitation Act 2013 in Karnataka and the Condition of Contract Safaikarmacharis in the State.
Respected Sir,
In the context of your visit to the State of Karnataka, we, the members of Safai Karmachari Kavulu Samithi-Karnataka, which is a forum of Dalit activists working towards eradication of manual scavenging, would like to bring to your attention the deplorable status of implementation of the Prohibition of Employment as Manual Scavengers and their Rehabilitation (MSR) Act 2013 and the violation of the rights of contract safai karmacharis working for Urban Local Bodies (ULB) in Karnataka.
Status of Implementation of the Prohibition of Employment as Manual Scavengers and their Rehabilitation (MSR) Act 2013 in Karnataka
a) Five years after the enactment of the MSR Act 2013, most of the Urban Local Bodies and Gram Panchayaths in the state are yet to initiate the process of identification of insanitary latrines in their jurisdiction even though section 4 (1) of the Act requires them to complete the process within 2 months of the Act coming into force;
b) While the Socio Economic Caste Census listed 15,375 persons as Manual Scavengers in rural Karnataka alone, the State government has registered only 779 persons (302 in Urban and 477 in Rural areas) as Manual Scavengers. Self-declaration forms submitted to district authorities are not being accepted by them denying those working as manual scavengers rehabilitation under the Act;
c) Even for the 779 persons who have been registered as manual scavengers in the State, the process of rehabilitation has been completely ineffective and has not followed the provisions of the MSR Act 2013 and various Supreme Court Orders on the matter. Most identified manual scavengers are yet to receive One-Time Cash Assistance (OTCA), self-employment training and financial assistance under SRMS scheme;
d) As per our reports, since 2008, in 35 incidents of manual scavenging, 72 people have died but in none of the cases have gone to trial yet. Police officials in the State police are not registering these cases under sections of MSR Act 2013 allowing the guilty officials and persons to get bail in the cases;
Employment of Persons as Manual Scavengers at Religious Festival at Shraavanbelegola, Haasan, Karnataka
e) News reports[1] have indicated that the district administration of Haasan district had allowed organizers of a religious festival at Shraavanbelegola (Haasan, Karnataka) to build insanitary latrines cleaned by manual scavengers in violation of Sec 5 of the MSR Act but so far no official or organizer has been arrested for the offences under the Act demonstrating how the government is guilty of perpetuating this inhuman casteist practice.
Violation of the rights of contract Safai karmacharis employed by ULBs in Karnataka
f) In August 2017, the State government of Karnataka decided to regularize 10,000 contract safai karmacharis employed by Urban Local Bodies (ULBs) in the state after a long struggle waged by the workers for their rights above 90% of whom belong to Scheduled Castes (SC). But the Recruitment rules framed by the government threatens to deprive them of their rights in following ways:-
- The maximum age for regular employment has been fixed at 45 years which would deprive workers who have worked as contract employees for last 20-25 years of regular employment and social security benefits.
- The proposed recruitment process will follow reservations quotas for SC, ST, OBC and GEN categories even though it is well known that above 90% of the workers belong to SC communities. The insistence of limiting the recruitment of workers to their reservation quota only will be a grave injustice to dalit workers who have struggled for years to get their employment regularized.
In light of the above facts, we appeal to you to raise the above issues with the State government officials during your visit to Karnataka and direct the authorities to take, among other steps, following actions:-
Status of Implementation of the Prohibition of Employment as Manual Scavengers and their Rehabilitation (MSR) Act 2013 in Karnataka
- Initiate survey for identification of insanitary latrines within the jurisdiction of all local authorities in the state which should be completed in the next two months;
- Identify and register all manual scavengers working under the jurisdiction of local authorities in the state including those who have already submitted self-declaration forms within 3 month period;
- Initiate meaningful rehabilitation process of identified manual scavengers as per the provisions of the MSR Act 2013 and the directions of the Supreme Court and complete the process in six months;
- The process of investigation and filing of chargesheets into all the 35 cases of manual scavenging leading to deaths should be fast tracked and special public prosecutor should be appointed to secure convictions in each of these cases; State government should use its power under Sec 21 of the MSR Act 2013 to confer powers of Judicial Magistrate on the Executive Magistrate to expedite the proceedings.
Employment of Persons as Manual Scavengers at Religious Festival at Shraavanbelegola, Haasan, Karnataka
- For violation of MSR Act 2013 by the district authorities and organizers of the religious festival at Shravanabelegola, Haasan, Karnataka, cases under Sec 8 and 9 of the Act and 3(1)(j) of SC/ST Atrocities Act 1989 as amended in 2016 should be filed against the culprits;
Violation of the rights of contract Safai karmacharis employed by ULBs in Karnataka
- The maximum age for regularization of contract safai karmacharis should be extended to 60 years and recruitment should be done on the basis of years of service.
- All existing contract safai karmacharis should be regularized without any restrictions based on reservation quotas since this is not a fresh recruitment but a regularization of existing workers.
- Any other actions that the Commission may deem necessary.
K B Obalesh
Member, State Monitoring Committee u/ MSR Act 2013
Convener, Safaikarmachari Kavulu Samithi Karnataka